Case Note & Summary
The petitioner, Padmanabh Rawal, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 97 of 2019 registered at Panjim Police Station, Goa, for offences under Sections 279 (rash driving), 338 (causing grievous hurt by act endangering life or personal safety), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code, 1860. The FIR alleged that the petitioner, while riding a bullet motorcycle in a rash and negligent manner, caused a fracture injury to the rider of another scooter, who was the father of the complainant. The petitioner contended that the accident was not due to his rashness or negligence but was a fortuitous circumstance, and that the complainant had accepted that the complaint was filed due to a misunderstanding. The petitioner produced an affidavit sworn by the respondents (complainant and her father) stating they had no grievance and did not wish to continue the proceedings. The court considered the nature of the offences and the fact that the parties had amicably settled the matter. The court observed that although Sections 279 and 338 IPC are non-compoundable, the offences were not serious in nature and the settlement was genuine. Relying on the inherent powers under Section 482 CrPC, the court held that it was a fit case to quash the FIR to secure the ends of justice and prevent abuse of process. The court accordingly quashed the FIR and all consequential proceedings. The judgment was delivered by a Division Bench of the High Court of Bombay at Goa on 1st July 2019.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Compromise - Sections 279, 338, 504 IPC - The petitioner sought quashing of FIR alleging rash driving causing hurt and intentional insult. The complainant and injured persons filed affidavits stating the incident was a misunderstanding and they had no grievance. The court held that although Sections 279 and 338 IPC are non-compoundable, given the nature of the offences and the settlement, it was a fit case to exercise inherent powers under Section 482 CrPC to quash the FIR to secure the ends of justice. (Paras 2-4) B) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashing of Non-Compoundable Offences - The court noted that the offences were not serious in nature and the parties had amicably settled the matter. Relying on the principle that quashing can be allowed in exceptional cases to prevent abuse of process, the court quashed the FIR and all consequential proceedings. (Paras 3-4)
Issue of Consideration
Whether an FIR registered for offences under Sections 279, 338, and 504 IPC can be quashed on the basis of a compromise between the parties, even though some offences are non-compoundable.
Final Decision
The court quashed the FIR and all consequential proceedings.
Law Points
- Quashing of FIR on compromise
- Non-compoundable offences quashed in exceptional circumstances
- Sections 279
- 338
- 504 IPC
- Inherent powers under Section 482 CrPC
